TERMS OF USE
1. GENERAL PRINCIPLES
Please read the conditions written below to use the website with the domain name www.torholding.com.tr. By visiting the www.torholding.com.tr website (hereinafter referred to as the 'Site') and/or becoming a 'Member', you acknowledge, declare, and commit that you have read these 'Terms of Use', fully understood its content, and unconditionally accept all matters specified in the 'Terms of Use' and found on the Site now and in the future, and that you will not raise any objections or defenses regarding all matters stated on the Site. If you do not accept these conditions, please refrain from using the Site.
1.1. The owner of this Site is TOR HOLDING JOINT STOCK COMPANY, located at 'ZAFER MAH. ADİLE NAŞİT BUL. ARIS GRAND TOWER BLOK NO:30-32R ESENYURT/ISTANBUL' (hereinafter briefly referred to as 'TOR HOLDING'). The services provided on the Site and specified in the 3rd article of these 'Terms of Use' are provided by 'TOR HOLDING'
1.2. 'TOR HOLDING' may change these 'Terms of Use', any kind of information, and 'Content' on the Site at any time without any notice or announcement to the 'User'. These changes will be published periodically on the Site and will be effective on the date of publication. Every natural or legal person who benefits from the Site services by paying a certain fee or for free, or in any way accesses the Site, is deemed to have accepted the 'Terms of Use' and every change made by 'TOR HOLDING' in these 'Terms of Use'. These 'Terms of Use' are published on the website, making them accessible to every natural or legal person using the Site.
2. DEFINITIONS
'Site”': The website through which 'TOR HOLDING' offers its 'Services', consisting of the domain name www.torholding.com.tr and subdomains connected to this domain name
'User': Every natural or legal person who accesses the 'Site'.
'TOR HOLDING Services' ('Service'): Applications provided by 'TOR HOLDING' within the 'Site' aimed at enabling the 'User' to perform the tasks and operations defined in this agreement. 'TOR HOLDING' can make changes and/or adaptations to the 'Services' offered within the 'Site' at any time. The rules and conditions that the 'User' must comply with regarding the changes and/or adaptations are announced to the 'User' through the 'Site', and the stated terms and conditions come into effect on the date they are published on the 'Site'. '
'Content': Any kind of information, text, file, image, video, number, etc., visual, written, and auditory images that are published and accessible on the 'Site'.
'TOR HOLDING Panel': Internet pages that are used by 'Users' to view content created by TOR HOLDING and to query from the 'TOR HOLDING Database', for the execution of any kind of operation that can be made on the 'Site' within designs that are protected under the Law No. 5846 on Intellectual and Artistic Works and whose all intellectual property rights belong to 'TOR HOLDING'.
'TOR HOLDING Database': The database owned by 'TOR HOLDING', where the contents accessed within the 'Site' are stored, classified, queried, and accessed, and which is protected according to Law No. 5846 on Intellectual and Artistic Works.
3. TOR HOLDING SERVICES
'TOR HOLDING' reserves the right to add new services to the ones provided within the Site, change the scope and terms of delivery of existing services, and at any time modify, restrict third-party access to, or delete the 'Content' accessed within the Site. 'TOR HOLDING' may exercise this right in any manner it deems appropriate, without any notice or prior warning.
4. CONDITIONS AND OBLIGATIONS REGARDING THE USE OF TOR HOLDING WEBSITE
4.1.'Users' can conduct transactions on the Site for lawful purposes. Users accept, declare, and commit that they bear legal and criminal responsibility for every transaction and action they perform within the Site, and that 'TOR HOLDING' has no responsibility regarding the aforementioned legal and criminal obligations.
4.2.'TOR HOLDING' does not guarantee the accuracy, reality, security, and legality of the 'Contents' viewed by 'Users' under any condition. Users accept and declare that 'TOR HOLDING' has no responsibility for the said 'Contents' and that 'TOR HOLDING' will have no obligation to compensate for any damages that may arise.
4.3. The 'User' agrees and commits not to copy, distribute, process, or engage in any other activities with any kind of images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists found within the 'Site', nor to compete directly and/or indirectly with 'TOR HOLDING' either through these actions or by other means, not to use them for other unauthorized purposes, not to use them to create a database, record, or directory for themselves or someone else, and not to use them for commercial purposes.
4.4. 'Users' agree and commit not to engage in activities that would lead to unfair competition under the provisions of the Turkish Commercial Code within the Site, not to perform acts that would undermine the personal and commercial reputation of 'TOR HOLDING' and third parties, infringe on personal rights, comply with legislation, public order, and general moral rules, take the measures required by legislation and fulfill the procedures, and not to engage in illegal, criminal, disturbing behaviors, or actions that harm personality rights, infringe on intellectual rights, copyright, trademark rights, and property rights.
4.5. 'Users' are obliged to use the information accessed within the Site solely for purposes consistent with 'TOR HOLDING''s objectives and to view it for non-commercial purposes.
4.6. In order to comply with the obligations imposed on 'Hosting Providers' pursuant to the Law No. 5651 and the relevant legislation, 'TOR HOLDING' records and stores the records specified in the relevant legislation regarding the transactions carried out by the 'Users' on the Site within the legal period.
4.7. 'TOR HOLDING' may use 'User' information for promotional and informational communication activities, marketing activities, and for conducting statistical analyses. 'TOR HOLDING' can also use information such as the user's IP address, which parts of the Site were visited, domain type, browser type, date, and time for purposes such as statistical evaluation and offering personalized services and proposals.
4.8. TOR HOLDING has the right to associate the behavior of 'Users' visiting the site with a cookie (a piece of data) found in the browser for the purpose of conducting online behavioral advertising and marketing, defining remarketing lists based on metrics such as the number of pages viewed, visit duration, and number of goals completed, using marketing automation tools, and sending personalized messages/offers and recommendations to the user. Subsequently, targeted advertising content based on the 'Users'' interests can be displayed to this 'User' on the Site or on other sites in the Display Advertising Network. Furthermore, search engines, during the redirection of AFS (AdSense for Search) ads to 'TOR HOLDING', may place cookies in the 'Users'' browsers, read the cookies present, or use web beacons for the purpose of collecting information.
4.9. Access to and/or viewing of the content through the Site, stored in the database, is legally permissible only for the purpose of viewing the relevant contents and/or by third parties within the framework of 'TOR HOLDING''s 'Terms of Use'. Any access beyond this is illegal; 'TOR HOLDING' reserves all rights to make claims, file lawsuits, and pursue legal actions.
4.10. The use of the Site in its entirety or any part thereof for the purpose of corruption, alteration, reverse engineering, attempting to access the Site in a manner that blocks, disrupts, or interferes with the Site's communication or technical systems, using automatic programs, robots, spiders, web crawlers, spider, data mining, data trawling, etc., 'screen scraping' software or systems, automatic tools, or manual processes, unauthorized access to other users' data or software, or the use of the Site and its content beyond the usage limits set by the 'Terms of Use' is illegal; 'TOR HOLDING' reserves all rights to make claims, file lawsuits, and pursue legal actions. In the event of detection of use contrary to these conditions and laws, 'TOR HOLDING' has the right to report the 'User' to the competent authorities. The 'User' accepts that they are personally responsible for the damages and claims resulting from such uses.
4.11. The 'User' accepts and commits that 'TOR HOLDING' cannot be held responsible for any direct or indirect damages that may arise in the event of interruptions in the service provided on the Site, malfunctions, delays, failures in information transmission, or data loss.
5. INTELLECTUAL PROPERTY RIGHTS
Within this Site, the information accessed or legally provided by 'Users', and all elements of this Site (including but not limited to 'TOR HOLDING Database', 'TOR HOLDING Interface', design, text, image, HTML code, and other codes) (all together referred to as 'works subject to TOR HOLDING's copyright') are owned by 'TOR HOLDING' and/or licensed to 'TOR HOLDING' by a third party. 'Users' are not entitled to resell, process, copy, share, distribute, display, or allow someone else to access or use 'TOR HOLDING' services, 'TOR HOLDING' information, and works subject to 'TOR HOLDING's' copyright. Except in cases expressly permitted by 'TOR HOLDING' within these 'Site Usage Terms', 'Users' cannot reproduce, process, distribute, or create derivative works from 'TOR HOLDING's' copyrighted works.
Within these 'Terms of Use', except in cases where 'TOR HOLDING' explicitly grants authorization, 'TOR HOLDING' reserves all rights to 'TOR HOLDING' services, 'TOR HOLDING' information, works subject to 'TOR HOLDING's' copyright, 'TOR HOLDING' trademarks, 'TOR HOLDING' trade dress, or any other assets and information provided through this site.
6. CHANGES IN TERMS OF USE
'TOR HOLDING' may, at any time, unilaterally change these 'Terms of Use' by announcing them on the Site. The amended provisions of these 'Terms of Use' shall take effect and enter into force on the date of their announcement. These 'Terms of Use' cannot be changed by unilateral declarations of the 'User'.
7. FORCE MAJEURE
In all situations legally considered as force majeure, 'TOR HOLDING' shall not be liable for any compensation for delayed performance, incomplete performance, or non-performance. 'Force Majeure' will be interpreted as events outside the reasonable control of the affected party and which cannot be prevented despite 'TOR HOLDING' exercising due diligence, including but not limited to natural disasters, war, fire, strikes, insurrections, riots, adverse weather conditions, infrastructure and internet failures, system improvement or renewal efforts, and any malfunction that may occur as a result, as well as power outages.
8. APPLICABLE LAW AND JURISDICTION
In the application, interpretation, and management of legal relationships arising under these 'Terms of Use', Turkish Law shall be applied. For any disputes arising from or that may arise from these 'Terms of Use', the Courts and Execution Offices of Istanbul Central (Çağlayan) are authorized.
9. EFFECTIVE AND ACCEPTANCE
These 'Terms of Use' come into effect on the date they are published on the Site by 'TOR HOLDING'. 'Users' accept these 'Terms of Use' and any changes made over time by using the Site.